Not only Russian copyright, broadcast and digital law
The purpose and aim of memorandum, proposed and lobbied by right holders, is restriction of access to illegal content in internet within the Russian territory without court order in order to reduce time scale and expenditures. But Yandex turned all things upside down and according to right holders the entire initiative and work on this memorandum senseless.
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The prosecutor’s office has waived to proceed the criminal case in relation to owner of online library “Librusec”. “Librusec” is known as online library of literary works. On this resource different literary works have been published and available for downloading for certain payment. Uploading of works on this web-site was not authorized by right holders, at least in relation to works of major publishing houses.
Russian major right holders – media companies producing and distributing audio-visual content – discussing the opportunity to delete links to web-sites with illegal video content from search results without court order or any court participation; such opportunity could be realized in the form of voluntary agreement or memorandum obligatory for all its participants.
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Despite the fact that many stakeholders from entertainment industry claim the current Russian copyright law in its part providing the measures against internet piracy is ineffective, the Roskomnadzor – internet watchdog and “Russian Hadopi” – reports how many pirate web-sites it has blocked and how many illegal copies of content have been deleted.
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Three Russian television channels have filed complaints against Yandex aiming to block illegal copies of four serials. All three complaints require Yandex to “cease creation of technical conditions causing providing of illegal copies of audiovisual works in question in search results”. The complaints also seek 10 thousands Roubles as compensation for infringement of exclusive rights. Yandex is not agreed with position of TV channels and intends to oppose requirement to block referrals to pirate copies in search results.
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But this guidance has been considered by the most part of professionals very skeptical. Supreme Court has strengthened the subjective criteria in its guidance for consideration of criminal cases on extremism by Russian courts what in general does not make a difference in consideration of criminal cases for likes and reposts in social networks. Overall consideration of such cases will depend on evaluative position of the judge.
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The Russian state duma has adopted amendments to Russian administrative code and Russian criminal code in third – final – reading. These amendments toughen liability for failure to delete false information from internet under the court order prescribing to cease dissemination of such information or to notify that such information is false.
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Special representative of the Russian president Vladimir Putin in the field of digital and technological development – Dmitry Peskov – in his interview to Russian news agency “Ria News” supposed that special courts, specializing on cases in the field of social networking and digital law, can emerge in Russia.
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Right holders in Russia claim Yandex does not do enough to fight piracy, it could be said otherwise – right holders accuse Yandex of facilitating internet piracy in Russia. Certainly Yandex denies all accusation and claim it works strictly in accordance with current Russian law, including copyright law. Right holders don’t believe Yandex. They believe Yandex makes money on piracy.
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